Town of Cicero, NY Chapter 41 Records

[HISTORY: Adopted by the Town Board of the Town of Cicero as indicated in article histories. Amendments noted where applicable.]

Article I Public Access

[Adopted 3-25-1991]

§ 41-1 Designation of records access officer; duties and responsibilities.

A. The Town Board of the Town of Cicero is responsible for ensuring compliance with the regulations herein, and the Town Board shall appoint a records access officer to assist said Board in the administration of this chapter.

B. The records access officer shall be responsible for ensuring appropriate agency response to public requests for access to records. The designation of a records access officer shall not be construed to prohibit officials who have in the past been authorized to make records or information available to the public from continuing to do so.

C. The records access officer shall ensure that personnel:

(1) Assist the requester in identifying requested records, if necessary.

(2) Upon locating the records, take one of the following actions:

(a) Make records available for inspection.

(b) Deny access to the records in whole or in part and explain in writing the reasons therefor.

(3) Upon request for copies of records:

(a) Make a copy available upon payment or offer to pay established fees, if any, in accordance with these regulations.

(4) Upon request, certify that a record is a true copy.

(5) Upon failure to locate records, certify that:

(a) The Town of Cicero is not the custodian for such records; or

(b) The records of which the Town of Cicero is a custodian cannot be found after diligent search.

§ 41-2 Location of records.

Records shall be made available for public inspection and copying at the office of the town officer or employee charged with the custody and keeping thereof at Town of Cicero, Town Hall, Cicero, New York 13039.

§ 41-3 Hours for inspection.

Requests for public access to records shall be accepted and records produced during all days regularly open for business between the hours of 10:00 a.m. and 12:00 noon and 2:00 p.m. and 4:00 p.m., if readily available.

§ 41-4 Requests for access.

A. A written request is required.

B. A response shall be given regarding any request reasonably describing the record or records sought within five business days of receipt of the request.

C. A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought.

D. If the records access officer does not provide or deny access to the records sought within five business days of receipt of a request, he or she shall furnish a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied. If access to records is neither granted or denied within 10 business days after the date of acknowledgment of receipt of a request, the request may be construed as a denial of access that may be appealed.

§ 41-5 Denial of access; appeals.

A. Denial of access to records shall be in writing stating the reason therefor and advising the requester of the right to appeal to the individual or body established to hear appeals.

B. If requested records are not provided promptly, as required in these regulations, such failure shall also be deemed a denial of access.

C. The appeals officer of the Town of Cicero shall hear appeals for denial of access to records under the Freedom of Information Law.

D. The time for deciding an appeal by the officer designated to hear appeals shall commence upon receipt of a written appeal identifying:

(1) The date of the appeal.

(2) The date and location of the request for records.

(3) The records to which the requester was denied access.

(4) Whether the denial of access was in writing or due to failure to provide records promptly as required in these regulations.

(5) The name and return address of the requester.

E. The officer designated to hear appeals shall inform the requester of its decision in writing within 10 business days of receipt of an appeal.

F. The officer designated to hear appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to the Committee on Open Government, Department of State, 162 Washington Avenue, Albany, New York 12231.

G. The officer designated to hear appeals shall inform the appellant and the Committee on Open Government of its determination in writing within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records in the same manner as set forth in Subsection F of this section.

§ 41-6 Fees.

[Amended 12-11-2000 by L.L. No. 9-2000]

A. Copies. The town officer or employee charged with the custody and keeping of the record shall, upon request, make a copy or copies of any record subject to such inspection upon a payment of a fee per page in an amount separately determined by the Town Board resolution. If a copy or copies are desired thereof by the requester, the town officer or employee charged with the custody and keeping of the record shall make the same and mail or deliver the same to the requester within one week, depending on the volume and number of copies requested.

B. Certification. Any town officer or employee charged with the custody and keeping of any such record shall, upon request, certify a copy of a document or record prepared to the provisions of the preceding subsection upon payment of a fee in an amount separately determined by the Town Board by resolution.

§ 41-7 Public notice.

A notice containing the title or name and business address of the records access officer and appeals officer and the location where records can be seen or copied shall be posted in a conspicuous location wherever records are kept and/or published in a local newspaper of general circulation.